A state law enacted in July was used successfully yesterday for the first time in Hudson County, and possibly in the state, clearing the way for prosecutors in a murder trial to use incriminating statements by the accused killer's stepbrother, even though he has refused to testify.

"I just thank God," said Kim Molesky, the wife of Henry Molesky, 41, of Woodlawn Avenue, who prosecutors say was executed by Darnell Reeves, 26, on Dec. 12, 2008 on Clinton Street near West Side Avenue. Authorities say that Reeves is a member of the Bloods street gang.

On Dec. 2, Reeves' stepbrother, Nicquan Scott, 22, aka "Beans," of Bergen Avenue, was found not guilty of murdering Molesky, but he was convicted on weapons offenses and sentenced to 10 years.

In the past, for Scott's statement to be entered as evidence at trial against Reeves, Scott would have to take the stand because a defendant has a right to confront his accuser. But in a ruling that boosts the prosecution's case, Hudson County Superior Court Judge Fred Theemling yesterday said Reeves had forfeited that right due to his own wrongdoing.

Reeves' attorney, Adrienne D. Edward, argued that Reeves had done absolutely nothing to intimidate Scott, but Theemling said it had been clearly shown that Reeves was a high-ranking Bloods member and that anyone testifying against him would have a reasonable fear for their safety.

"Clearly the goal of forfeiture by wrongdoing was to prevent the intimidation of witnesses, including by gang members, and this case apparently fits the bill," Hudson County Prosecutor Edward DeFazio said last night.

It is the first time the law has been used successfully in Hudson County and possibly the first time in New Jersey, said DeFazio, who expected Reeves' attorney to appeal Theemling's ruling.

Scott was brought to court from prison yesterday after Reeves' trial got under way and he was charged with contempt after he reaffirmed he would not testify against Reeves. Asked by Edward if Scott refused to testify because Reeves is his brother, Scott surprised her by saying "No."

After Scott was escorted from the court Hudson County Assistant Prosecutor Steven Dill produced evidence that Reeves was a high-ranking Bloods member and there was testimony from a gang expert.

Dill also read from an interview in which Scott told police, "I can't, I can't say I was there, somebody did something, you know what a mean, 'cause my family is out there ... (expletive) up predicament. You know what I mean? ... The people who was around there was all Bloods. I'm not (expletive) Blood. You know what I mean. I know what you are saying, but my son will be in jeopardy..."

The trial is scheduled to continue this morning at 9:30 and jurors are expected to hear Scott's three-hour recorded statement that Dill says dramatically describes Molesky's murder.